[Congressional Record (Bound Edition), Volume 163 (2017), Part 11]
[House]
[Pages 16290-16291]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   DHS ACCOUNTABILITY ENHANCEMENT ACT

  Mr. McCAUL. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4038) to amend the Homeland Security Act of 2002 to reassert 
article I authorities over the Department of Homeland Security, and for 
other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4038

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``DHS Accountability 
     Enhancement Act''.

     SEC. 2. REPEAL.

       (a) In General.--Section 872 of the Homeland Security Act 
     of 2002 (6 U.S.C. 452) is repealed and the item relating to 
     such section in the table of contents in section 1(b) of such 
     Act is struck.
       (b) Technical and Conforming Amendments.--The Homeland 
     Security Act of 2002 is amended--
       (1) in section 506 (6 U.S.C. 316)--
       (A) by striking subsection (b); and
       (B) by redesignating subsections (c) and (d) as subsections 
     (b) and (c), respectively;
       (2) in section 702(b) (6 U.S.C. 342(b)), by amending 
     paragraph (4) to read as follows:
       ``(4) Reorganization.--The Secretary may allocate or 
     reallocate the functions of the Office, or discontinue the 
     Office.''; and
       (3) in paragraph (3) of section 2006(b) (6 U.S.C. 607(b)), 
     by striking ``sections 506(c)(2)'' and inserting ``sections 
     506(b)(2)''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. McCaul) and the gentleman from Texas (Mr. Vela) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Texas (Mr. McCaul).


                             General Leave

  Mr. McCAUL. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days within which to revise and extend their remarks 
and include any extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?

[[Page 16291]]

  There was no objection.
  Mr. McCAUL. Mr. Speaker, I yield myself as much time as I may 
consume.
  Mr. Speaker, I rise today in strong support of the bipartisan DHS 
Accountability Enhancement Act.
  Mr. Speaker, the current threats confronting our homeland continue to 
evolve each and every day. They come from international terrorists, 
drug smugglers, human traffickers, hackers engaged in cyber warfare, 
transnational gangs like MS-13, and natural disasters.
  To best address these threats, the American people need a Department 
of Homeland Security that is effective and accountable to the people it 
protects.
  The Founding Fathers gave Congress the authority to write laws and 
give direction to the executive branch under Article I of our 
Constitution. Today, we have an important opportunity to reassert that 
constitutional authority.
  The legislation before us eliminates an outdated provision that gives 
DHS overly broad authority to act on its own and reorganize without 
congressional approval. It is authority that was well-intentioned when 
it was first provided right after 9/11, but the time has come to 
rebalance this legislative equation.
  Mr. Speaker, as you may be aware, it is the only authority of its 
kind in the entire executive branch. As Members of Congress, we have a 
solemn obligation to help protect the American people from anyone who 
wishes to bring us harm.
  In the wake of 9/11, we reached across the aisle and worked together 
to create the Department of Homeland Security and demonstrated that the 
security of our homeland is not a partisan issue.
  This is not just an academic exercise. On October 6 of this year, DHS 
used this authority for the first time in many years. We also want to 
work with DHS to support them, but continued use of this authority is 
not the best way to make the Department stronger.
  I am proud to say that the Committee on Homeland Security, which I 
chair, has a strong bipartisan track record. This year we came together 
as Republicans and Democrats and passed the first-ever comprehensive 
reauthorization of DHS through the House with an overwhelming majority 
support.
  Let's continue that progress today and pass this legislation. I also 
call on the Senate to pass our reauthorization of DHS as soon as 
possible so our country can be more secure.
  I would like to thank Ranking Member Bennie Thompson, Congressman 
Vela, and all of the staff on the committee for their hard work on this 
issue. I urge my colleagues to support this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. VELA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 4038, the DHS Accountability 
Enhancement Act. H.R. 4038, or the DHS Accountability Enhancement Act, 
strikes section 872 of the Homeland Security Act. Section 872 grants 
the Secretary of Homeland Security unilateral authority to reorganize 
the Department as long as the Secretary notifies Congress 60 days in 
advance.
  H.R. 4038, this bill, rescinds this unilateral authority. As 
authorizers of the Department of Homeland Security, the Committee on 
Homeland Security is ultimately responsible for reorganization of the 
Department. H.R. 4038 reinforces this responsibility.
  The separation of powers doctrine compels the elimination of the 
provision, which gives the Department of Homeland Security unilateral 
decisionmaking authority to reorganize the Department.
  Moreover, it should be noted that this bill is not without precedent.
  While considering H.R. 2825, the Department of Homeland Security 
Authorization Act of 2017, in June, the Committee on Homeland Security 
unanimously approved eliminating the language found in section 872 of 
the Homeland Security Act of 2002.
  I believe that this legislation not only ensures this committee's 
involvement in reorganizations at DHS, but affirms the responsibility 
of Congress as authorizers.
  Mr. Speaker, I strongly urge support of this bipartisan legislation. 
H.R. 4038 is necessary, commonsense legislation. An action as 
significant as the reorganization of an entire department and its 
components should be subject to the appropriate vetting and approval 
measures of this Congress.
  I thank Chairman McCaul for working with Ranking Member Thompson on 
this issue both during the consideration of the DHS Authorization Act 
and now on this measure.
  Mr. Speaker, I encourage my colleagues to support H.R. 4038, and I 
yield back the balance of my time.
  Mr. McCAUL. Mr. Speaker, I once again urge my colleagues to support 
H.R. 4038.
  I will say that this committee has passed over 50 bills out of the 
House that are currently sitting in the Senate waiting action. I urge 
the Senate to take action on this important legislation, all 50-plus 
bills, that will help better protect the American people.
  Mr. Speaker, I yield back the balance of my time.
  Mr. JOHNSON of Georgia. Mr. Speaker, I rise in support of H.R. 4038, 
the Department of Homeland Security Accountability Enhancement Act. 
This legislation works to ensure stability in our nation's Department 
of Homeland Security (DHS) by requiring the Secretary to submit 
organizational changes for congressional approvaL
  Our government is built upon a balance of power; arrangement has 
helped sustain our country for hundreds of years and is one of the most 
fundamental properties of our nation. H.R. 4038 ensures oversight of 
the DHS to guarantee that an appropriate balance of power is 
maintained. The DHS, the third largest department in the federal 
government, has already absorbed the Immigration and Naturalization 
Service and reorganized three new agencies since its creation in 2002. 
If the Secretary of DHS has the power to make extensive changes, he/she 
should be held accountable for them and should be required to obtain 
approval from Congress.
  Furthermore, the current administration has been defined by 
unprecedented instability in the White House, with an extremely large 
turnover rate in President Trump's cabinet and administration. The DHS 
currently has no Secretary and is being run by an acting head who did 
not obtain congressional approval through the nomination process. This 
legislation would prevent a Secretary that was not confirmed by the 
Senate from making changes without approval from the American people.
  I support H.R. 4038 and I support demanding accountability from the 
cabinet departments. I urge my colleagues to do the same.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. McCaul) that the House suspend the rules and 
pass the bill, H.R. 4038.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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